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Vaage Law Wins $3.4 Million Victory for Client

At Vaage Law, we will never stop fighting for residents of the San Diego area who have been mistreated by the medical system. That’s why we knew we had to take the case of John Mitchell, who was rendered a partial paraplegic after an act of extreme negligence demonstrated by the Kaiser organization.

Kaiser Arbitrator, Judge James L. Smith, retired, awarded $3,469,778 in damages to Mr. Mitchell, who was forced to wait a staggering 11 days to obtain what would prove to be an essential thoracic MRI. According to Judge Smith, “The inexcusable delay in conducting the thoracic spine MRI that made the correct diagnosis possible was a proximate cause of Mitchell’s current disabilities. Expert opinion to the contrary offered by respondent [Kaiser] was thoroughly impeached and is found to have been not credible.”

Mitchell met with Kaiser physicians on the 1st, 8th, 9th, 10th, 15th, and 17th of February, with increasing indications of a spinal cord compression. Finally, on February 19th, Mitchell had an MRI performed, which showed a disc compression in the thoracic spine. Emergent decompressive surgery was performed, but Kaiser took too long to order the MRI, so the damage to his spine was permanent. “Kaiser’s physicians had multiple opportunities to ensure that an MRI was performed. Mitchell fell through the cracks,” said Vaage.

Going Up Against Kaiser

Sadly, this is not the first time we have seen the startling negligence of the Kaiser system first hand. In 2011, we argued to help secure a $4.9 million arbitration award for Raymond Palmer, who was stabbed multiple times at a trolley stop. He was taken to UCSD Medical Center, before being transferred to Kaiser Zion, where a hole in his breathing tube left him without blood pulse or blood pressure for 13 minutes. He was left with permanent brain damage as a result.

Vaage Law has never lost a Kaiser arbitration. If you or a loved one has been severely injured due to the negligence of Kaiser or another organization, you should consult with an experienced attorney. Know your rights, and make sure you have a lawyer on your side who will fight for you.

Are you or a loved one looking to pursue a medical malpractice case? Need an attorney who knows how to pursue a wrongful death or medical fraud and conspiracy suit? Vaage Law may be able to help. Our offices have fought for San Diego residents and their families for over 35 years, recovering over $100 million in damages for clients. To learn more about Vaage Law, give us a call at (619) 338-0505 or contact us online here.




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Medical Malpractice/Negligence

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In utero, J.V. was diagnosed with a congenital twisting of his bowels called atresia. A few days after birth, he had surgical repair at Kaiser Sunset.